Security Zone; Kokosing ROV Survey Operation, Straits of Mackinac, MI, 23351-23353 [2023-08013]
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Federal Register / Vol. 88, No. 73 / Monday, April 17, 2023 / Rules and Regulations
Event name
Location
City of Mount Vernon Fireworks .............................
Edgewater Park ......................................................
The special requirements listed in 33
CFR 165.1332(b) apply to the activation
and enforcement of these safety zones.
All non-participants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by the Captain of
the Port or their designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to the publication of this
document in the Federal Register, the
Coast Guard will issue advanced
notification of enforcement of these
safety zones via the Broadcast Notice to
Mariners and Local Notice to Mariners.
Dated: April 10, 2023.
Y. Moon,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector Puget Sound.
[FR Doc. 2023–08014 Filed 4–14–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0207]
RIN 1625–AA87
Security Zone; Kokosing ROV Survey
Operation, Straits of Mackinac, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
for navigable waters within a 500-yard
radius of Tug Valerie B, Tug Nancy
Anne, Tug Champion, Tug General and
crew boat Timmy V. The security zone
is needed to protect the remotely
operated vehicle survey operations from
other vessels. Entry of vessels into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sault Ste. Marie.
DATES: This rule is effective from May
1, 2023, through May 31, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0207 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
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SUMMARY:
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15:49 Apr 14, 2023
Jkt 259001
If
you have questions on this rule, call or
email LT Deaven S. Palenzuela, Sector
Sault Sainte Marie Waterways
Management Division, U. S. Coast
Guard at (906) 635–3223 or email
ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impractical to publish an NPRM by the
date operations begin and we must
establish a security zone in order to
ensure that remotely operated vehicle
(‘‘ROV’’) operations can be conducted
safely.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
posed by vessel traffic to Kokosing
Industrial’s ROV survey operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034,
70051, 33 CFR 1.05–1, 6.04–1, 6.04–6,
and 160.5; and Department of Homeland
Security Delegation No. 00170.1,
Revision No. 01.3. The Captain of the
Port Sault Ste. Marie (COTP) has
determined that potential safety hazards
posed by other vessels to ROV survey
operations within one nautical mile of
charted submerged pipeline or cable in
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23351
Latitude
Longitude
48°25.178′ N
122°20.424′ W
the Straits of Mackinac RNA starting
May 1, 2023, will be a concern and is
establishing security zone within a 500yard radius of Tug Valerie B, Tug Nancy
Anne, Tug Champion, Tug General and
crew boat Timmy V. This rule is needed
to protect the vessels and personnel
involved in the ROV survey operations
from other vessels transiting the Straits
of Mackinac at the same time this
project is being conducted.
IV. Discussion of the Rule
This rule establishes a security zone
from May 1, 2023 through May 31, 2023.
The security zone will cover all
navigable waters within 500 yards of
Tug Valerie B, Tug Nancy Anne, Tug
Champion, Tug General and crew boat
Timmy V. The duration of the security
zone is intended to protect personnel
and vessels involved with conducting
the ROV survey operations. No vessel or
person will be permitted to enter the
security zone without obtaining
permission from the COTP.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size and location of the
security zone. Vessel traffic will be able
to safely transit around this security
zone which would impact a small
designated area of the Straits of
Mackinac. Moreover, the Coast Guard
will issue a Local Notice to Mariners
about the security zone, and the rule
would allow vessels to seek permission
to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
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17APR1
23352
Federal Register / Vol. 88, No. 73 / Monday, April 17, 2023 / Rules and Regulations
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the security
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
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15:49 Apr 14, 2023
Jkt 259001
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
security zone lasting from May 1, 2023
through May 31, 2023 that will prohibit
entry within 500 yards of Tug Valerie B,
Tug Nancy Anne, Tug Champion, Tug
General and crew boat Timmy V
conducting ROV survey operations
within one nautical mile of charted
submerged pipeline or cable in the
Straits of Mackinac RNA. It is
categorically excluded from further
review under paragraph L[60(a)] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
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section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T09–0207 to read as
follows:
■
§ 165.T09–0207 Security Zone; Tugs
Valerie B, Nancy Anne, Champion, and
General and crew boat Timmy V operating
in the Straits of Mackinac, MI.
(a) Location. The following areas are
security zones: All navigable water
within 500 yards of the Tugs Valerie B,
Nancy Anne, Champion and General
and crew boat Timmy V while
conducting ROV survey operations
within one nautical mile of charted
submerged pipeline or cable within the
Straits of Mackinac RNA.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sault Sainte Marie (COTP) in
the enforcement of the security zone.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, you may not enter the security
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16 or
telephone at (906) 635–3233. Those in
the security zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
E:\FR\FM\17APR1.SGM
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Federal Register / Vol. 88, No. 73 / Monday, April 17, 2023 / Rules and Regulations
Dated: April 3, 2023.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2023–08013 Filed 4–14–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0179; FRL–10883–
02–R3]
West Virginia; Finding of Failure To
Submit State Implementation Plan
Revision in Response to the 2015
Findings of Substantial Inadequacy
and SIP Calls To Amend Provisions
Applying to Excess Emissions During
Periods of Startup, Shutdown, and
Malfunction
Environmental Protection
Agency (EPA).
ACTION: Final action.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
find that the West Virginia Department
of Environmental Protection (WVDEP)
failed to timely submit a state
implementation plan (SIP) revision
required by the Clean Air Act (CAA) to
address the deficiencies identified in
EPA’s 2015 findings of substantial
inadequacy and ‘‘SIP calls’’ for
provisions applying to excess emissions
during periods of startup, shutdown,
and malfunction (SSM). EPA is issuing
this finding of failure to submit (FFS)
without prior public notice and
opportunity for comment. This action
triggers certain CAA deadlines for EPA
to impose sanctions if a state does not
submit a complete SIP revision
addressing the outstanding
requirements and to promulgate a
Federal Implementation Plan (FIP) if
EPA does not approve the state’s
submission as a SIP revision. In a
separate but related action, published
elsewhere in this issue of the Federal
Register, EPA is also issuing a final
disapproval of a SIP revision submitted
by West Virginia which allowed sources
who could not meet emission limits
during startup and shutdown events to
apply for alternative emission limits
(AELs) (see Docket ID No. EPA–R03–
OAR–2022–0956).
DATES: This action is effective on May
17, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2023–0179. All
documents in the docket are listed on
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SUMMARY:
VerDate Sep<11>2014
15:49 Apr 14, 2023
Jkt 259001
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning and
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2053. Ms. Nichols
can also be reached via electronic mail
at Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553(b)(3)(B) of the APA, 5
U.S.C. 553(b)(3)(B), provides that, when
an agency for good cause finds that
notice and public procedures are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
EPA has determined that there is good
cause for making this final agency
action without prior proposal and
opportunity for comment because no
significant EPA judgment is involved in
making findings of failure to submit
SIPs, or elements of SIPs, required by
the CAA, where states have made no
submissions to meet the requirement.
As is discussed in further detail later,
pursuant to CAA section 110(k)(1)(B),
EPA ‘‘shall determine’’ no later than six
months after the date by which a state
is required to submit a SIP whether a
state has made a submission that meets
the minimum completeness criteria
established pursuant to CAA section
110(k)(1)(A). EPA exercises no
significant judgment in making a
determination that a state failed to make
a submission and subsequently issuing
a finding of failure to submit. Thus,
notice and public procedures are
unnecessary to take this action. EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
I. Background
On June 12, 2015, EPA finalized an
action (2015 SSM SIP Action), which
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23353
clarified, restated, and updated EPA’s
national policy regarding SSM
provisions in SIPs (2015 Policy).1 The
2015 Policy explained EPA’s
interpretation of certain CAA
requirements, affirming that SSM
exemption provisions (e.g., automatic
exemptions, discretionary exemptions,
and overly broad enforcement discretion
provisions) and affirmative defense SIP
provisions are generally viewed as
inconsistent with CAA requirements. At
the same time, pursuant to CAA section
110(k)(5), EPA issued findings of
substantial inadequacy for SIP
provisions applying to excess emissions
during SSM periods for 36 states that
were applicable in 45 statewide and
local jurisdictions (air agencies).2 As
part of the 2015 SSM SIP Action, EPA
also issued a ‘‘SIP call’’ (2015 SIP Call)
to each of those 45 air agencies. The
2015 SIP Call required air agencies to
adopt and submit revisions to EPA to
correct identified SSM-related
deficiencies in their SIPs by November
22, 2016. The 2015 SSM SIP Action also
responded to a petition for rulemaking
alleging specific deficiencies related to
SSM provisions in existing SIPs. On
July 27, 2015, the 2015 SSM SIP Action
was challenged in the United States
Court of Appeals for the District of
Columbia Circuit.3
In 2017, EPA requested that the
pending litigation on the final 2015
SSM SIP Action be held in abeyance to
allow the new administration time to
review the action. In 2020, Regions 4, 6,
and 7 took final actions that were
inconsistent with the 2015 Policy and
EPA withdrew the corresponding SIP
calls previously issued to Texas, North
Carolina, and Iowa. These state-specific
actions are the subject of pending
litigation.4 Moreover, in alignment with
the SIP call withdrawals for Texas,
North Carolina, and Iowa, EPA issued a
Memorandum in October 2020 (2020
Memorandum), which established a
new national policy that permitted the
1 State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of
EPA’s SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to Amend
Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction, 80
FR 33840 (June 12, 2015).
2 For convenience, the EPA refers to ‘‘air
agencies’’ in this action collectively when meaning
to refer in general to states, the District of Columbia,
and local air permitting authorities that are
currently administering, or may in the future
administer, EPA-approved implementation plans.
3 Environ. Comm. Fl. Elec. Power v. EPA, et al.,
No. 15–1239 (D.C. Cir.) (and consolidated cases).
4 Sierra Club, et al. v. EPA, et al., No. 20–1115
(D.C. Cir. Apr. 7, 2020); Sierra Club, et al. v. EPA,
et al., No. 20–1229 (D.C. Cir. June 29, 2020); Sierra
Club, et al. v. EPA, et al., No. 21–1022 (D.C. Cir.
January 2021).
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]]>Agencies
[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Rules and Regulations]
[Pages 23351-23353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08013]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0207]
RIN 1625-AA87
Security Zone; Kokosing ROV Survey Operation, Straits of
Mackinac, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
navigable waters within a 500-yard radius of Tug Valerie B, Tug Nancy
Anne, Tug Champion, Tug General and crew boat Timmy V. The security
zone is needed to protect the remotely operated vehicle survey
operations from other vessels. Entry of vessels into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sault Ste. Marie.
DATES: This rule is effective from May 1, 2023, through May 31, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0207 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Deaven S. Palenzuela, Sector Sault Sainte Marie
Waterways Management Division, U. S. Coast Guard at (906) 635-3223 or
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impractical to publish an NPRM
by the date operations begin and we must establish a security zone in
order to ensure that remotely operated vehicle (``ROV'') operations can
be conducted safely.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards posed by vessel traffic to
Kokosing Industrial's ROV survey operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034, 70051, 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department
of Homeland Security Delegation No. 00170.1, Revision No. 01.3. The
Captain of the Port Sault Ste. Marie (COTP) has determined that
potential safety hazards posed by other vessels to ROV survey
operations within one nautical mile of charted submerged pipeline or
cable in the Straits of Mackinac RNA starting May 1, 2023, will be a
concern and is establishing security zone within a 500-yard radius of
Tug Valerie B, Tug Nancy Anne, Tug Champion, Tug General and crew boat
Timmy V. This rule is needed to protect the vessels and personnel
involved in the ROV survey operations from other vessels transiting the
Straits of Mackinac at the same time this project is being conducted.
IV. Discussion of the Rule
This rule establishes a security zone from May 1, 2023 through May
31, 2023. The security zone will cover all navigable waters within 500
yards of Tug Valerie B, Tug Nancy Anne, Tug Champion, Tug General and
crew boat Timmy V. The duration of the security zone is intended to
protect personnel and vessels involved with conducting the ROV survey
operations. No vessel or person will be permitted to enter the security
zone without obtaining permission from the COTP.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size and
location of the security zone. Vessel traffic will be able to safely
transit around this security zone which would impact a small designated
area of the Straits of Mackinac. Moreover, the Coast Guard will issue a
Local Notice to Mariners about the security zone, and the rule would
allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 23352]]
requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
security zone lasting from May 1, 2023 through May 31, 2023 that will
prohibit entry within 500 yards of Tug Valerie B, Tug Nancy Anne, Tug
Champion, Tug General and crew boat Timmy V conducting ROV survey
operations within one nautical mile of charted submerged pipeline or
cable in the Straits of Mackinac RNA. It is categorically excluded from
further review under paragraph L[60(a)] of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for Record
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0207 to read as follows:
Sec. 165.T09-0207 Security Zone; Tugs Valerie B, Nancy Anne,
Champion, and General and crew boat Timmy V operating in the Straits of
Mackinac, MI.
(a) Location. The following areas are security zones: All navigable
water within 500 yards of the Tugs Valerie B, Nancy Anne, Champion and
General and crew boat Timmy V while conducting ROV survey operations
within one nautical mile of charted submerged pipeline or cable within
the Straits of Mackinac RNA.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the
security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16 or telephone at (906) 635-3233. Those
in the security zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
[[Page 23353]]
Dated: April 3, 2023.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2023-08013 Filed 4-14-23; 8:45 am]
BILLING CODE 9110-04-P
